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  1. #1
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    Sep 2015
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    Default What is the Statute of Limitations for Making a Workers Comp Claim

    I am a little confused by the statue of limitations as to the two year rule for filing an application of claim. It states that it is two years of the last date of compensation or in the alternative two years from the date of injury. Our case is still being covered by the WC insurer for medical treatment of the injury but we are approaching the two year date of the accident but the last date of compensation of wages was 10-25-14. If someone could clarify if the two year clock starts from the date of injury or date of last compensation....I would appreciate it.

    I would hate to let the two year limit pass and the insure stop covering medical and say we waited to long to file a claim if we have a dispute with them.

  2. #2
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    Default Re: New to Forum and Have Question on Indiana Statute of Limitations

    Why don't you just file your claim properly with the state agency that has jurisdiction over your claim? That is the simple answer.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
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    Default Re: New to Forum and Have Question on Indiana Statute of Limitations

    Complwyr....thanks for your reply. We did file the claim through work and the first report of injury was filed with the state. It is my understanding that the application for adjustment of claim starts the process of a formal hearing before the board. We do not feel like we need to go to the board as the insurer has been paying for all services rendered...ended up getting a C5-C6 disc replacement last year. They have been sending me to pain management but I am concern that if the statue of limitations is 2 years from the date of injury instead of date of last compensation the insurer could just stop all benefits. I still have not been rated and my Dr. is recommending a FCE be completed after completion of some pain management. Just looking for some clarification on the statute of limitation because I would not put anything past the insurer and do not want to lose my ability to challenge the insurer should issues arise.

  4. #4
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    Default Re: New to Forum and Have Question on Indiana Statute of Limitations

    kwilla1
    I am a little confused by the statue of limitations as to the two year rule for filing an application of claim. It states that it is two years of the last date of compensation or in the alternative two years from the date of injury.
    Where did you get this info?
    When quoting rules, you should post the source - it saves me the time of fact checking.

    We do not feel like we need to go to the board as the insurer has been paying for all services rendered
    Just looking for some clarification on the statute of limitation
    By them paying for medical, that is considered "compensation"
    Your claim was filed and accepted within the 2 year statute of limitations, you're fine - your claim is progressing normally.
    Take it easy and don't rush things, at the first sign of problems, retain an attorney.

    Tony
    Last edited by tony; 09-02-2015 at 06:08 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
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    Default Re: New to Forum and Have Question on Indiana Statute of Limitations

    In some states, like mine, "compensation" means indemnity, and not medical. The medical part is called "medical compensation." In most states, once you properly file the claim with the state agency that has jurisdiction, and you do that timely, the case stays open until all your disabilities are determined. You need to check with a local work comp lawyer, or do some in depth legal research, to find out whether you (a) need to file anything else with the agency that has jurisdiction to preserve your claim, and (b) whether there are any deadlines to file a hearing request within your filed case. You are talking about two completely different things, really, and you do need clarification on both points from someone who actually knows. That someone would be a workers' comp lawyer there in your state.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  6. #6
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    Default Re: New to Forum and Have Question on Indiana Statute of Limitations

    This is why people need to post the source for their statements.
    The way the poster stated it, there is no stipulation for the word "compensation" medical or indemnity.
    I'm too lazy to look it up right now so I guess the poster can post the source for their statement.

    In most states, the claim remains open until the claimant reaches full recovery or the case is settled.
    I can't think of one state off hand where this rule doesn't apply.
    I agree, people should consult a lawyer for legal advise, not a forum on the net.

    Tony

    - - - Updated - - -

    Ok, I found this - this poster needs to consult a lawyer pronto.

    Be careful! An injured worker has 2 years from the accident date to file an application for adjustment of claim form with the Indiana Workers’ Compensation Board or their claim for further benefits or any benefits may end. Some workers may be lulled into a sense of security because the insurance carrier is paying medical benefits. Make sure you take steps to toll the 2 year statute of limitations!
    http://www.workerscompindiana.com/20...sation-claims/

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
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    Default Re: New to Forum and Have Question on Indiana Statute of Limitations

    Thanks everyone for the responses. Here is the point of reference I was referring to:

    http://www.in.gov/wcb/2382.htm

    Q: How long do I have to file an Application for Adjustment of my claim if I have a dispute with my employer about Workers Compensation?
    A: The statute of limitations runs two years after the last date of compensation paid or in the alternative two years from the date of injury. The Workers Compensation Board is unable to give legal advice about statute of limitations specific to your claim, please contact legal counsel.

    I am filing the paperwork today to be on the safe side. I would rather have it filed and not need it then not file it and need it.

    If it goes two years from last compensation paid then I have another year....if from date of injury then it is about expired.

    Thanks again!
    Last edited by kwilla1; 09-03-2015 at 04:44 AM.

  8. #8
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    Default Re: New to Forum and Have Question on Indiana Statute of Limitations

    Quote Quoting kwilla1 View Post
    Thanks everyone for the responses. Here is the point of reference I was referring to:

    http://www.in.gov/wcb/2382.htm

    Q: How long do I have to file an Application for Adjustment of my claim if I have a dispute with my employer about Workers Compensation?
    A: The statute of limitations runs two years after the last date of compensation paid or in the alternative two years from the date of injury. The Workers Compensation Board is unable to give legal advice about statute of limitations specific to your claim, please contact legal counsel.

    I am filing the paperwork today to be on the safe side. I would rather have it filed and not need it then not file it and need it.


    Thanks again!
    See, now that shines a completely different light on this thread.
    File that paperwork today, don't delay!!!

    Today
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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